EPA Adds N-Propyl Bromide to Hazardous Air Pollutants List

EPA has set a new precedent and is adding a new chemical, n-propyl bromide (also known as 1-bromopropane), to the Clean Air Act's list of hazardous air pollutants (HAPs), also known as air toxics. This chemical is used as a degreaser and cleaner for metal parts in the surface finishing industry, with specific aviation and aerospace applications.  HAPs are those pollutants that are known or suspected to cause cancer or other serious health effects. The original list of HAPs in the Clean Air Act Amendments of 1990 included 189 pollutants. Since 1990, EPA has removed two pollutants from the list, but until now has not added any new ones.

The final rule was published in the Federal Register on Jan. 5, 2022.  The consequences of a new HAP listing could be significant.  New HAP listings could reopen current air rules for industry source categories and drive modifications to facility permits. The additional potential new HAP emissions could also trigger some area (smaller) sources to become major sources subject to more stringent requirements.  EPA will be working to revise current NESHAP regulations and identify whether additional NESHAP are warranted.

The addition of this new HAP will likely be subject to a legal challenge because the administrative process that EPA used to add the new HAP has been criticized by several stakeholders because it was not consistent with notice and comments requirements of the Administrative Procedure Act.  Several industry trade groups have indicated that they intend to challenge EPA’s perceived “regulatory shortcut” to listing new pollutants. The outcome of the legal challenge will likely set the precedent for future HAP listing decisions such as possible HAP listings for PFOS and PFOA.

EPA will be working to revise current NESHAP regulations and identify whether additional NESHAP requirements are warranted.  Under a separate action, EPA is developing a regulatory infrastructure that will address compliance and implementation issues that may arise from the addition of a new chemical to the list of HAPs.  More information is available on the EPA website at:   https://www.epa.gov/haps/addition-1-bp-npb-clean-air-act-list-hazardous-air-pollutants.

NASF will continue to work with other industry trade groups on the effort and provide updates to members. If you have any questions or would like additional information on this issue, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.

This update is courtesy of the National Association for Surface Finishing (NASF). For more information or to become a member, visit nasf.org.